The Native Lands Trust Board now stands to pay around half a million dollars to two sugar cane farmers in Ba, after they were evicted from their land in January 2005.

The Lautoka High Court had made an interlocutory judgment on the matter in favour of the cane farmers.

The court was earlier told that cane farmers Ahmed Khan and his son Yusuf Khan of Tailaiya, Ba were offered two separate leases for a 21 acre subdivided land for sugar cane farming in Cibanaoci and so paid the first year's rent.

However, the NLTB failed to provide them with a formal lease and the landowners in the area evicted them by force and took possession of the farms, claiming they had not consented to lease the land.

In his ruling, Judge Justice Inoke Sosefo notes that several attempts by the NLTB, landowners and the Khans, amidst threats of violence from some landowners, failed to resolve the matter and so the Khans took legal action.

After a mix up in the serving of legal papers, the High court earlier granted a default judgment in the case which was upheld by the Fiji Court of Appeal.

Judge Inoke said he finds that there was a binding agreement between the NLTB and the Khans to issue the lease adding there has been a fundamental breach of the agreement by the NLTB and that the Khan's are entitled to monetary compensation.

The Judge also notes that there was a letter from the Tui Ba confirming that the landowning unit had consented to lease the land and a goodwill payment of $7,500.

Justice Inoke said it seems that the NLTB did not only breach its obligations to the Khans but also to the landowners by not verifying the needs of the landowner's first.

He ruled that he finds that the NLTB has no good defence and refused to set aside the default judgment and the matter now goes to the Master of the High court for assessment of damages.

The Khans are claiming damages which include the value of the house on the property, standing cane crop worth $85,000, loss of future earnings of $450,000 along with special and general damages.

Judge Inoke also ruled that NLTB lost its application and should pay the Khans $800 court costs within 21 days.